Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions ( “Terms”, “Terms and Conditions”) represent an agreement between you and Cenacore, Inc. ( “us”, “we”, or “our”) and govern your use of the http://cenacore.com and http://thinkcybersecure.com websites (the “Sites”) and any product or service subscriptions made available from time to time by means of any of the Sites (the “Subscriptions”). We refer to the Sites and the Subscriptions collectively in these Terms as the “Services”.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to use or access the Services.
Please read these Terms of Service carefully before accessing or using the Services.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 – TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
We reserve the right to refuse Services to anyone for any reason at any time.
You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws, rules and regulations in your jurisdiction including but not limited to copyright, export, privacy, data protection, and laws and regulations concerning the monitoring of employees and third parties and their respective devices.
You represents that you are not a U.S. or Canadian embargoed country or in violation of any U.S. or Canadian export law or regulation or named on any U.S. or Canadian government denied-party list.
You must not transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us.
You agree that you will only use the Services in accordance with the applicable Use Levels for the Services. We shall immediately terminate these Terms of Service where you have exceeded applicable Use levels.
SECTION 2 – SUBMITTED INFORMATION
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 3 – SERVICES
We grant you a non-exclusive, non-transferrable, revocable license to use the Sites, and Subscriptions (subject to payment, where applicable), for your personal or business use only, in accordance with these Terms.
We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 4 – PURCHASES
You may purchase certain Subscriptions made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
SECTION 5 – SUBSCRIPTIONS
We offer Subscriptions on a monthly, or yearly subscription term (“Subscription Term”).
You agree that the ongoing management, maintenance, updates, and configuration of any software or software as a service (SaaS) applications included in your Subscription is your responsibility.
You declare that you have checked with the documentation published by the vendor of each software or software as a service (SaaS) application provided in the Subscription you intend to purchase and have confirmed that all of your computers meet or exceed the minimum requirements for each software or software as a service (SaaS) application. We will not provide support for a Subscription if any of the software or software as a service (SaaS) applications are used on unsupported systems.
You understand that we do not offer support 24/7/365. How to obtain support for your subscription, and current support hours will be posted on the Sites.
You agree that it is your responsibility to periodically check the Sites for current support hours. We reserve the right to change hours of support at any time.
You agree that it is your responsibility to monitor for and respond to any cybersecurity incidents the software or software as a service (SaaS) applications may discover, including but not limited to malware infections or weak, vulnerable or compromised passwords.
You understand that we do not provide any incident response services and are unable assist in response to any cybersecurity incidents.
If your Subscription includes LastPass, you agree to abide by the LogMeIn Terms of Service located at: https://secure.logmein.com/home/en/policies/terms-and-conditions
SECTION 6 – REFUNDS
If you are not satisfied with a Purchase, you are eligible for a full refund of amounts paid for that Purchase, provided that you email us at [email protected], no later than thirty (30) days following the date of purchase or in the case of a Subscription which renews on a monthly basis, the initial date of purchase, requesting a refund, and stating the reason for your request.
Notwithstanding the foregoing, certain Purchases may not be eligible for refund, or might be subject to satisfaction of additional or different criteria, if and to the extent we so provide on the applicable Sites.
If you receive a refund for a Purchase, you will have no further right to use that Subscription. We will disable or deactivate your Subscription, and you will remove any software from any devices on which it is installed.
We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all payments with respect to a Purchase shall remain in effect, notwithstanding the cancellation or termination of the Subscription.
SECTION 7 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you want to cancel your Subscription, or if you have not purchased a Subscription, when you cease using the Sites.
If you notify us that you want to terminate this agreement after payment for a Subscription Term has been made, your access to the Services and this agreement will remain until the end of the Subscription Term, at which time your access to the Services and agreement will terminate.
We may terminate this agreement with thirty (30) days notice to you. You will remain liable for all amounts due up to and including the date of termination. If you have paid for a Subscription Term with an end date after the date of termination, we will refund you the amount paid for the unused portion of the Subscription Term from the day after the termination date to the renewal date.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we will terminate this agreement immediately without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
Upon termination of this agreement, we will disable or deactivate your Subscription, you will cease use of the Subscription and remove any software from any devices on which it is installed.
SECTION 8 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Services or our advertising contain errors or inaccuracies or is not complete or current. Subscriptions may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.
The material in the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information in the Services. You agree that it is your responsibility to monitor changes to the Sites.
SECTION 9 – MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 10 – OPTIONAL TOOLS
We may provide you with access to or link to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 11 – THIRD-PARTY LINKS
Certain content, products, and services available via our Services may include materials from third-parties.
Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Your submission of comments, feedback or other content is governed by our Comment Policy. To view our Comment Policy Click here.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services or on any related website, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cenacore, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, partners or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost income, lost savings, lost data, replacement costs, costs of recovery, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Our liability is limited to the amount paid for Subscriptions in the 12 months immediately preceding the incident giving rise to the liability.
SECTION 16 – FORCE MAJEURE
Notwithstanding anything herein to the contrary, neither Party shall be deemed to have failed to comply with any term or provision of these Terms of Service if the same shall be due to any strike, lockout, civil commotion, state of emergency, natural disaster, pandemic, war, invasion, rebellion, hostilities, sabotage, governmental regulations or controls, or Acts of God.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cenacore, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – DISPUTE RESOLUTION
You agree that any dispute that may arise regarding the meaning, performance or enforcement of this engagement will, prior to resorting to litigation, be submitted to mediation.
You agree that you will engage in the mediation process in good faith once a written request to mediate has been given by any party to the engagement.
Any mediation initiated as a result of this engagement shall be administered within the Province of Alberta according to its mediation rules, and any ensuing litigation shall be conducted within such province, according to provincial law. The results of any such mediation shall be binding only upon agreement of each party to be bound. The costs of any mediation proceeding shall be shared equally by the participating parties.
SECTION 21 – NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alberta, Canada.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]